CC 01-13-2022 Item No. 1 Updated Attachment B- Draft Ordinance for Z-2018-02_Desk ItemORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CUPERTINO APPROVING THE REZONING OF TWO
PARCELS FROM PLANNED DEVELOPMENT WITH GENERAL
COMMERCIAL USES (P(CG)) TO PLANNED DEVELOPMENT WITH
GENERAL COMMERCIAL AND RESIDENTIAL USES (P(CG, RES))
LOCATED AT 10625 SOUTH FOOTHILL BOULEVARD
Application No: Z‐2018‐02
Applicant: Dan Shaw (SCR Enterprises)
Location: 10625 South Foothill Boulevard (APN#s 342‐16‐087 & 088)
The City Council of the City of Cupertino finds that:
WHEREAS, an application was received by the City (Application no. Z‐2018‐02) for the
rezoning of a property from Planned Development with Commercial intent (P(CG)) to
Planned Development with General Commercial and Residential intent (P(CG, Res)).
WHEREAS, the rezoning will be consistent with the Cityʹs General Plan land use map,
proposed uses and surrounding uses; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code Section 21000 et seq.) (“CEQA”) and the State CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (ʺCEQA
Guidelinesʺ), the City prepared an Initial Study and proposed Mitigated Negative
Declaration (“Project”); and
WHEREAS, on October 28, 2021, the City of Cupertino’s Environmental Review
Committee held a duly noticed public hearing to receive public testimony and reviewed
and considered the information contained in the Draft IS/MND, and voted 5‐0‐0 to
recommend that the City Council adopt the Draft IS/MND (EA‐2018‐06) and mitigation
measures; and
WHEREAS, the Final Draft Initial Study and Mitigated Negative Declaration was
presented to the Planning Commission on November 23, 2021 at a regularly scheduled
Planning Commission Meeting; and,
WHEREAS, on November 23, 2021, the Planning Commission held a duly noticed public
hearing to receive staff’s presentation and public testimony, and to consider the
information contained in the IS/MND along with all staff reports, other pertinent
documents, and all written and oral statements received prior to and at the public hearing,
and recommended on a 5‐0 vote, based on substantial evidence in the record, that the
City Council adopt the MND, adopt and incorporate into the Project and implement as
conditions of approval all of the mitigation measures for the project that are identified in
the IS/MND, and adopt the Mitigation Monitoring and Reporting Program for the Project;
and
WHEREAS, the necessary public notices have been given and the Planning Commission
held one public hearing, recommending to the City Council that the rezoning be granted
per resolution No. (Z‐2018‐02);
WHEREAS, on January 13, 2022 and February 1, 2022, upon due notice, the City Council
has held at least two public hearings to consider the Rezoning; and;
WHEREAS, the City Council of the City of Cupertino is the decision‐making body for
this Ordinance; and;
WHEREAS, the City Council of the City of Cupertino held a duly noticed public hearing
on January 13, 2022, and after considering all testimony and written materials provided
in connection with that hearing introduced this ordinance and waived the reading
thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
That after careful consideration of the facts, exhibits, testimony and other evidence
submitted in this matter, the City Council adopts the Rezoning based upon the findings
described above, the public hearing record and the Minutes of Planning Commission
Meeting of November 23, 2021, and subject to the conditions specified below:
Section 1. The recitals set forth above are true and correct, and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council finds the following as set forth by Municipal Code
19.152.020.C:
1. That the proposed zoning is in accord with Title 19 of the Municipal Code and the
Cityʹs Comprehensive General Plan (Community Vision 2040).
With the proposed zoning modification to allow for both general commercial and residential uses
the project would be consistent with the General Plan Land Use Map that allows for general
commercial and/or residential development. The Planned Development district allows the City
flexibility to approve project specific development standards different from the standards outlined
in the Zoning regulations for the site.
2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
As set forth above, the City examined the environmental effects of the Project, including the zoning
amendments adopted herein, and in the Initial Study and Mitigated Negative Declaration
prepared in accordance with the California Environmental Quality Act. On December 21, 2021
the City Council adopted resolution ____ to approve the Initial Study and Mitigated Negative
Declaration with the Mitigation Monitoring and Reporting Program. Any potential impacts
associated with project have been analyzed, and mitigations to reduce any potential impacts to less
than significant with mitigation have been adopted. Therefore, the proposed zoning complies with
the provisions of CEQA.
3. The site is physically suitable (including, but not limited to, access, provision of
utilities, compatibility with adjoining land uses, and absence of physical constraints) for
the requested zoning designation(s) and anticipated land use development(s).
The site being rezoned will have access to existing utilities and is compatible with adjoining
residential land uses.
4. The proposed zoning will promote orderly development of the City.
The site being rezoned will promote orderly development in the City through incorporation of
applicable development standards and provide for continued commercial opportunities.
5. That the proposed zoning is not detrimental to the health, safety, peace, morals and
general welfare of persons residing or working in the neighborhood of subject parcels.
The proposed zoning is not detrimental to the health, safety, peace, morals and general welfare
since the proposed uses are consistent with the City’s General Plan Land Use Element.
Additionally, where any potential health or safety impacts have been identified in the Projectʹs
CEQA analysis, mitigation measures have been identified which would be mitigate the impact.
Section 3. The City Council approves the following:
1. That the property described in attached Exhibit Z‐1 have a zoning designation as
that shown in the following table and is incorporated into the Master Zoning Map
(Exhibit Z‐2) of the City of Cupertino; and
APN Current Zoning New Zoning
342‐16‐087 P(CG) P(CG, Res)
342‐16‐088 P(CG) P(CG, Res)
2. The approved plan for the project indicates the setbacks, minimum common and
private open space, maximum floor area ratio, height and other development
standards. Any future changes to these standards would require a rezoning of the
property.
Section 4. The City Council finds the Rezoning is within the scope of the Initial
Study and Mitigated Negative Declaration and directs the Director of Community
Development to file a Notice of Determination with the Santa Clara County Recorder in
accordance with CEQA guidelines.
Section 5. This Ordinance shall be effective thirty (30) days following its
adoption.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 1st day of February 2022 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
__________________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
__________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
__________________
Christopher Jensen, City Attorney
________________________
Date